Orissa High Court
The Divisional Manager vs Rekha Devi And Others on 8 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.92 of 2023
The Divisional Manager, D.O.-II, M/s.
National Insurance Co. Ltd. .... Appellant
Ms. S. Das, Advocate
-versus-
Rekha Devi and Others .... Respondents
Mr. Jitendra Mohanty, counsel for Respondents 1 to 5
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
8.8.2023
Order No.
I.A. No.261 of 2023
02. 1. The matter is taken up through hybrid mode.
2. Heard Ms. S. Das, learned counsel for insurer - Appellant and
Mr. J. Mohanty, learned counsel for the claimant- Respondents.
3. Upon hearing both parties and considering the grounds
mentioned in the limitation application the delay in filing the appeals
is condoned.
4. The I.A. is disposed of.
MACA No.92 of 2023
03. 5. It is submitted at the Bar that claimant - Respondent No.2,
namely Ram Khelawan Yadav died in the meantime on 14 th August,
2021 and all his LRs are already on record. As such the name of
claimant - Respondent No.2 is deleted, as prayed for.
6. Present appeal by the insurer - Appellant is directed against the
impugned judgment dated 16th August, 2022 of learned Additional
District Judge-cum-1st MACT, Cuttack passed in MAC Case No.298
of 2016, wherein compensation to the tune of Rs.53,88,170/- along
with interest @ 6% per annum from the date of filing of the claim
application, i.e. 26th April, 2016 has been granted on account of death
of deceased Shailendra Yadav in the motor vehicular accident dated
20th November, 2014.
7. Upon hearing both parties and considering all such grounds of
challenge advanced, a reduced compensation of Rs.39,00,000/- with
6% interest is proposed to the parties. This is agreed by Mr. Mohanty,
learned counsel for the claimants and Ms. Das, learned counsel for the
insurer leaves it to the discretion of the court. Accordingly the
compensation amount is fixed to the said extent.
8. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit a reduced compensation of
Rs.39,00,000/- (thirty nine lakhs) before the tribunal along with
interest @ 6% per annum from the date of filing of the claim
application, within a period of two months from today; where-after
the same shall be disbursed in favour of the claimant- Respondents 1,
3, 4 & 5, namely Rekha Devi, Lakhiya Devi, Mohit Kumar and
Amarjit Kumar on such terms and proportion to be decided by the
learned tribunal.
9. It is made clear that this court has not disturbed the right of
recovery as granted by the tribunal in favour of the Appellant.
10. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded on proper
application and on production of proof of deposit of the awarded
amount before the tribunal.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Signature Not Verified Judge
M.K.Panda Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 10-Aug-2023 18:05:17
